COMMONWEALTH LECTURES Edited by Peter Jones Lectures delivered in The University of Edinburgh in association with the Commonwealth Heads of Government Meeting 1997 The Institute for Advanced Studies in the Humanities, The University of Edinburgh December 1997 The Institute for Advanced Studies in the Humanities, in The University of Edinburgh, is the only one of its kind in the United Kingdom, and since its foundation in 1970 has welcomed over 500 International scholars as Fellows, from 45 countries, to pursue advanced studies in the Humanities - understood as the study of all matters concerning the human condition and culture which do not require laboratory work. The public dimensions of the Institute's work take the form of seminars, lectures, cultural events and publications. The Institute acts as an intellectual and social catalyst, selecting themes which bring together people from different walks of life to address common problems, and to pool resources: those from the educational profession work alongside those from industry, commerce, government and the media. Traditional scholarship is augmented by innovative work of an inter-disciplinary nature. Major themes have been: The Scottish Enlightenment (1986); Technology, Communication and the Humanities (1988); 1789-1989: Evolution or Revolution? (1989); Cultures and Institutions (1991); Costing Values (1993-99); European Enlightenment (1995-2000); and Scots at War. Three international exhibitions have been devised and mounted at the Royal Museum of Scotland during the Edinburgh International Festivals, and have attracted attendances of up to 100,000. Sponsorship and generous benefactions make the work of the Institute possible, and the Director welcomes the opportunity to discuss such matters in confidence. The publications associated with the Institute reflect the personal interpretations and views of the named authors; neither The Institute for Advanced Studies, nor The University of Edinburgh is responsible for the views expressed. For further details of the Institute, please write to: Professor Peter Jones, FRSE, FRSA, FSA Scot, Director, The Institute for Advanced Studies in the Humanities, The University of Edinburgh, Hope Park Square, Edinburgh EH8 9NW, Scotland COMMONWEALTH LECTURES Delivered in association with the Commonwealth Heads of Government Meeting 1997 Edited by Peter Jones Institute Occasional Papers 9 The Institute for Advanced Studies in the Humanities, The University of Edinburgh December 1997 © Copyright: The Institute for Advanced Studies in the Humanities, The University of Edinburgh First Published 1997 ISSN 2041-8817 (Print) ISSN 2634-7342 (Online) ISBN 0 9514854 9 0 TABLE OF CONTENTS Introduction Peter Jones 1 Biographical Note of Fellows 7 Commonwealth Strategies for Peacee Paul Reeves 9 Genocide and Remembrance: The Moral Dilema Richard Sezibera 22 War Crimes Trials Ninian Stephen 38 Proportional Representation David Lange 60 The 'Costs' of International Peacekeeping Malcolm Rifkind 88 INTRODUCTION PETER JONES The following lectures by distinguished Fellows of the Institute, not only recorded the experiences of eminent men of affairs, but raised a series of fundamental questions about peace, law, governance and public understanding in the coming decades. The lectures were part of the University's programme of events arranged in association with the Commonwealth Heads of Government Meeting, held in Edinburgh in October 1997. In addition, however, they were part of the Institute's Project on Costing Values. That project, which began in 1993, has three goals: 1. to identify and analyse fundamental issues on which everyday decsions rest, throughout the world, but which rarely receive such attention; 2. to bring together from different walks of life the very people who make daily decisions and need to reflect on such ideas - leaders from industry, commerce, politics, the diplomatic world, as well as from specialised professions and research institutes; 3. to challenge and transcend boundaries of current thinking on perspectives from different cultures. All participants in the seminars and conversations associated with the project consider three questions; 1 − what values are upheld in our particular communities? − what resources are needed to implement them? − what sacrifices must be made in order to pursue such priorities? The audiences at all of the lectures responded with rapt attention, as befitted the speakers and their themes. On one occasion, however, the absolute silence in the distinguished gathering signalled an awareness and a human sympathy that should be recorded. Richard Sezibera, like Eric Lomax, who spoke a few months earlier of his experiences of a Japanese prison camp, had travelled to the Abyss, and returned. Those of us who have been privileged to live and work within the great Universities of the world in the company of such people have a duty to ensure that our fellow citizens are made aware of their sacrifices, and of their inspiration. In the opening lecture, Sir Paul Reeves explicitly called for the revision of existing notions, and urged that the globalisation of many factors in the modem world required a new understanding of both sovereignty and of the nation- state. We must grasp what constitutions can and cannot do - a point underlined by Sir Ninian Stephen in an earlier lecture at the Institute [Occasional Papers No 3]. In particular, a constitution cannot itself infuse the institutions it sets up with values, nor can it encompass all the forces that determine and temper a country's development. Religious communities face particular challenges in 2 becoming agencies which nurture human rights, rather than the imposition of practices from different ethnic or cultural traditions. Ethnic diversity is rarely a straight forward matter, however, as Dr Sezibera emphasised in his presentation on the moral dilemma surrounding the genocide in Rwanda. Should survivors remember in silence, or speak, and banalize the inexplicable? Can survivors assuage the guilt of survival, avoid the betrayal of the dead, or accept the concern of the previously unconcerned; can those who refused to get involved take up the cause without self- deception? The long sequence of events leading up to the killings in 1994, and the deliberate ethnicisation of Rwandan society record the worst moments of colonial power: an efficient administration and a strong power base were quite enough to ensure the removal of opponents, with even the simplest of weapons. The genocide, as at other moments in history, took place with the support of normally morally upright citizens, and the complicity of the international community. How and where should such events be remembered, and by whom? All pilgrims are tourists, in some sense, but can tourists avoid becoming voyeurs? The murderers are known, and have now returned to live in the same villages as the surviving relatives of their victims: the murderers were often eight or ten years of age. What constitutes justice in such a context, and how should it be enacted? Sir Ninian Stephen describes how the United Nations tried 3 to address just these issues, first in connection with the atrocities committed in Bosnia, and then in Rwanda itself. The aim was to create international judicial tribunals to prosecute breaches of international humanitarian law in armed conflict. The Court of which Sir Ninian has been a member is concerned with acts of individuals, not those of nations, and he outlines the challenges faced in setting up the Court: transparency of procedure, and legal aid; prosecution, arrest and trial of those accused of crimes; in absentia trials; the diversity of judgment among judges from different judicial traditions on matters of fact and law; absence of a jury, and the public glare and representation of trials; the rights of witnesses and victims, in contrast to the rights of the accused and the prosecution. Sir Ninian emphasises that no initial set of rules can hope to cover all contingencies; equally, international conventions, unlike national laws, have to meet the divergent views of many governments. If a permanent international criminal court comes into existence, it will require voluntary surrender by participating nations of their exclusive criminal jurisdiction - a matter which is at the heart of sovereignty. Sir Paul described the voting strategies proposed for Fiji, and Mr David Lange discussed the New Zealand experience of proportional representation, which was introduced into the electoral system almost by accident. Although New Zealand inherited the Westminster model of government, there is now only one house, and in recent years special provision has been made for Maori representation. A royal commission, established in 1984, 4 recommended that the country adopt a form of representation akin to the model used in West Germany - a mixed member proportional system [MMP]. After dramatic electoral swings, a two-stage referendum on the preferred electoral system was held in 1993, MMP won a narrow majority, and the first election under the new system took place in 1996. At that juncture, however, the existing two party structure was fragmenting, and not all contending parties were willing to declare who they were prepared to stand with. No one knew what form a coalition government might take, nor its broad direction. There is no sign of moderation in debate or Parliamentary conduct, as promised by supporters of MMP, and little evidence of consultation and co-operation. The old political culture has